Justice Sainabou Wadda Cisse of the High Court recently convicted and sentenced one Sorry Jallow, a 46-year-old shopkeeper to serve 10 years imprisonment after he was found guilty of raping an 11-year-old girl.
Delivering judgment, the judge disclosed that after the accused Jallow pleaded not guilty, the prosecution called three witnesses and tendered medical report as well as the cautionary and voluntary statements of the accused in proof of its case.
The judge further revealed that the principle of any legal system in respect of criminal trials is that the prosecution must prove the guilt of the accused person beyond reasonable doubt.
Justice Cisse further revealed that the victim was the prosecution’s principal and most material witness in this case, adding that she identified the accused person as the very person who raped her.
The trial judge stated that the evidence of the victim that the accused had unlawful carnal knowledge with her was adequately corroborated by the clinical findings in Exhibit P1 and the testimony of Pw3.
Justice Cisse further stated that the reproductive organ of the victim was tempered with. She revealed that the use of the accused person p***s to penetrate the victim was vividly described by her and the testimony of PW2, the police officer who saw the victim entered the accused person’s room and came out after about one hour with some sperm stains on her clothes were all pieces of evidence that the court could draw inference of the guilt of the accused person.
Justice Cisse said the accused in his evidence in chief unexplainably omitted to give any evidence in respect of his friendship with the victim but only testified that the victim used to go to his shop to sell “wonjo” juice and he used to buy from her.
Justice Sainabou Wadda Cisse remarked that the victim’s ultimate realization that someone, an adult of 46 years old and a father of 2 children could manifest such sexual desperation on an 11-year-old girl is inconceivable.